28-2-407, MCA

MONTANA SUPREME COURT DECISIONS

 
WORKERS' COMPENSATION COURT DECISIONS

[1999] Frazer v. Montana State Fund [07/20/05] 2005 MTWCC 41 To reopen a settlement based on undue influence, the claimant must prove “(1) the use by one in whom a confidence is reposed by another or who holds a real or apparent authority over him of such confidence or authority for the purpose of obtaining an unfair advantage over him; (2) taking an unfair advantage of another's weakness of mind; or (3) taking a grossly oppressive and unfair advantage of another's necessities or distress.”